Arbitration

Arbitration Agreement Enforceability and Consumer Protection Claims in California post-Viking River

Tl;dr: Background: In last summer’s Viking River decision, the U.S. Supreme Court held that the Federal Arbitration Act (“FAA”) partly preempts the California rule that had prohibited the compelled arbitration of claims under the state’s Private Attorney General Act (“PAGA”).[2] Instead, California courts must permit the division of such claims into arbitrable individual claims and… Continue reading Arbitration Agreement Enforceability and Consumer Protection Claims in California post-Viking River

Corporate Compliance

DOJ Policy Developments

Recent DOJ policy pronouncements will have a material effect on how organizations should respond to and investigate reports of internal misconduct.  Check out the article in Law360 by our Partner Jeff Bornstein and senior paralegal Roxanne Vorkoeper, “Next Steps for Counsel Under Latest DOJ Disclosure Policy.”  They analyze the ramifications of those pronouncements and offer… Continue reading DOJ Policy Developments

Criminal Defense

Overbroad Searches and Seizures

I co-wrote a piece for the ABA Litigation Section’s quarterly journal, “Overbroad Searches and Seizures,” with Mark Mermelstein of Holmes Taylor Athey Cowan Mermelstein & Jones LLP, and Alison Epperson of Orrick LLP, 48 Litigation Vol. 1 (Oct. 2021).  We analyze the government’s increasingly common practice of serving overbroad search warrants on tech giants like… Continue reading Overbroad Searches and Seizures

CLE · Criminal Defense · Trials

Defense Strategies When the Prosecutor Comes Knocking

I will be moderating a panel of lawyers at the National Association of Criminal Defense Lawyers 2019 West Coast White Collar Conference in Santa Monica on June 20, 2019. The program is “Defense Strategies When the Prosecutor Comes Knocking” featuring:  Barry Boss of Cozen O’Connor, Priya Chaudhry of Harris, St. Laurent & Chaudhry LLP, Aaron… Continue reading Defense Strategies When the Prosecutor Comes Knocking

Experts · Special Counsel

The Mueller We Know

I will be speaking with Talking Feds Podcast host Harry Litman, Melinda Haag, and Candace Kelly. https://www.talkingfeds.com/talkingfeds/2019/3/31/the-mueller-we-know Says Talking Feds podcast, “This episode brings together prominent former federal officials who each worked closely and at length under Mueller when he was United States Attorney and Federal Bureau of Investigation Director. Their vantage points, generally absent… Continue reading The Mueller We Know